Available 24/7 • 365 Days (337) 777-7777 Hablamos Español
Click to Call mail-icon
Hablamos Español
Schedule A Free Consultation With An Attorney From Laborde Earles Today!
Home » Blog » Wrongful Death » Filing a Wrongful Death Lawsuit in Louisiana

Filing a Wrongful Death Lawsuit in Louisiana

Posted on:

Filing a Wrongful Death Lawsuit in Louisiana

If you are trying to file a wrongful death lawsuit, there are many factors that you need to know. Each U.S. state has different rules regarding wrongful death. Ask any Louisiana personal injury lawyer to learn more about the specifics in Louisiana. At Laborde Earles Law Firm, our lawyers can explain a few of the basics.

What Is Wrongful Death?

First, it’s important to know exactly what qualifies as wrongful death. A wrongful death is when a person dies due to the fault of another person or entity. It doesn’t matter if it was purposeful, due to negligence, or an accident. An individual’s family my file a wrongful death claim to seek compensation from the individual or entity at fault. It’s like a personal injury case, except the individual is not available to file the lawsuit, so the family can instead.

For a free legal consultation, call (337) 777-7777

Who May File a Wrongful Death Case?

Not just anyone can file a wrongful death case. The law in Louisiana states that a surviving spouse or children of the deceased individual can file a case. If there is not a surviving spouse or children, the surviving parent may file. If there is not a surviving parent, then the right falls to a sibling of the deceased. If there are no surviving siblings, then the surviving grandparents of the deceased person. In the event that there are no surviving family members, the deceased individual’s estate may take the claim to court. In some cases, a criminal case may be filed on the same facts as a wrongful death case. For example, if a drunk driver hits and kills another person, then a criminal or wrongful death case may be filed. The difference is that a criminal case is filed by the prosecutor’s office and a wrongful death claim is filed by the individual’s family. If convicted in a criminal case, the defendant is punished with jail or prison time, fines, or probation. In a wrongful death case, the punishment is strictly monetary. Contact a wrongful death lawyer to learn more about filing a case.

Call or text (337) 777-7777 or complete a Free Case Evaluation form

Wrongful Death Blog Posts:

Families of Children Allegedly Exposed to Toxins File Wrongful Death Lawsuits Families of Children Allegedly Exposed to Toxins File Wrongful Death Lawsuits

The families of 20 children filed a wrongful death lawsuit against the Denka-Dupont plant in Laplace alleging negligence on the part of the plant that led to serious illness and death. The lawsuit

23-Year-Old Man Dies in Head-on Collision 23-Year-Old Man Dies in Head-on Collision

According to KLFY 10, a head-on collision on LA 724 has claimed the life of one person and left four others with minor injuries. Louisiana State Police report that a 23-year-old man was heading

1 Dead, 2 Children Injured in Rear-End Crash on U.S. 165 1 Dead, 2 Children Injured in Rear-End Crash on U.S. 165

One woman was killed and two children were injured when their vehicle was rear-ended by a pickup truck on U.S. 165. According to NOLA, the collision occurred at around 12:10 p.m. when Rosa Ramirez,

1 Killed, 1 Injured in Head on Collision on La.27 1 Killed, 1 Injured in Head on Collision on La.27

KPLC reports on a head-on collision on La. 27 that killed one person and injured another. The accident occurred at around 6 a.m. and involved a 2004 Nissan Sentra and a 2015 GMC Sierra. According

Wrongful Death FAQ:

Does Premises Liability Cover Wrongful Death? Does Premises Liability Cover Wrongful Death?

Premises liability can cover a person’s death if there is evidence to show that the property owner’s negligence caused it. A wrongful death occurs when someone loses their life due to foreseeable

How Hard Is It to Prove Wrongful Death? How Hard Is It to Prove Wrongful Death?

It may seem hard to prove a wrongful death lawsuit, but in reality, it is very similar to a personal injury lawsuit. When someone loses their life due to another’s carelessness, the surviving family

What Are the Possible Damages in Wrongful Death Cases? What Are the Possible Damages in Wrongful Death Cases?

There are many types of possible damages in a wrongful death case. Although these damages cannot erase the pain that comes with losing a beloved family member, financial compensation could ease the

Louisiana Wrongful Death Statute of Limitations Louisiana Wrongful Death Statute of Limitations

Generally speaking, Louisiana’s wrongful death statute of limitations is one year, according to CC Art. 2315.2. In other words, you have up to one year from the date of your loved one’s death to

Videos:

Attorney Profile – Kelby Rasmussen Attorney Profile – Kelby Rasmussen
The Verdict: The Story of Huey Long The Verdict: The Story of Huey Long
The Verdict: The Story of Huey Long (Part 2) The Verdict: The Story of Huey Long (Part 2)
Client Jude Hebert’s Story Client Jude Hebert’s Story